Full Text of SB3042 102nd General Assembly
SB3042 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3042 Introduced 1/5/2022, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
| 510 ILCS 77/5 | | 510 ILCS 77/12 | | 510 ILCS 77/15.1 new | | 510 ILCS 77/15 rep. | |
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Amends the Livestock Management Facilities Act. Provides that it is unlawful to use or create livestock waste lagoons; makes conforming changes. Repeals provisions concerning the standards for livestock waste lagoon construction. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Livestock Management Facilities Act is | 5 | | amended by changing Sections 5 and 12 and by adding Section | 6 | | 15.1 as follows:
| 7 | | (510 ILCS 77/5)
| 8 | | Sec. 5. Policy.
| 9 | | (a) The General Assembly finds the following:
| 10 | | (1) Enhancements to the current regulations dealing | 11 | | with
livestock production facilities are needed.
| 12 | | (2) The livestock industry is experiencing rapid | 13 | | changes as a
result of many different occurrences within | 14 | | the industry including increased
sophistication of | 15 | | production technology, increased demand for capital to
| 16 | | maintain or expand operations, and changing consumer | 17 | | demands for a quality
product.
| 18 | | (3) The livestock industry represents a major economic | 19 | | activity in
the Illinois economy.
| 20 | | (4) The trend is for larger concentration of animals | 21 | | at a
livestock management facility due to various market | 22 | | forces.
| 23 | | (5) Current regulation of the operation and management |
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| 1 | | of
livestock production is adequate for today's industry | 2 | | with a few modifications.
| 3 | | (6) Due to the increasing numbers of animals at a | 4 | | livestock
management facility, there is a potential for | 5 | | greater impacts on the immediate
area.
| 6 | | (7) The creation or use of livestock waste lagoons is | 7 | | against the public policy of this State. Livestock waste | 8 | | lagoons must be constructed according to
standards to | 9 | | maintain structural integrity and to protect groundwater.
| 10 | | (8) Since a majority of odor complaints result from | 11 | | manure
application, livestock producers must be provided | 12 | | with an educational program
that will enhance neighbor | 13 | | awareness and their environmental management
skills, with | 14 | | emphasis on management of livestock wastes.
| 15 | | (b) Therefore, it is the policy of the State of Illinois to | 16 | | maintain an
economically viable livestock industry in the | 17 | | State of Illinois while
protecting the environment for the | 18 | | benefit of both the livestock producer and
persons who live in | 19 | | the vicinity of a livestock production facility.
| 20 | | (Source: P.A. 89-456, eff. 5-21-96.)
| 21 | | (510 ILCS 77/12)
| 22 | | Sec. 12. Public informational meeting; lagoons and | 23 | | non-lagoon structures.
| 24 | | (a) Beginning on the effective date of this amendatory Act | 25 | | of 1999, within 7
days after
receiving a form giving notice of |
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| 1 | | intent to construct (i) a new livestock
management facility or
| 2 | | livestock waste handling facility serving 1,000 or more animal | 3 | | units that does
not propose to
utilize a lagoon or (ii) a | 4 | | livestock waste management facility or livestock
waste | 5 | | handling facility
that does propose to utilize a lagoon , the | 6 | | Department shall send a copy of the
notice form to the
county | 7 | | board of the county in which the facility is to be located and | 8 | | shall
publish a public notice in
a newspaper of general | 9 | | circulation within the county. After receiving a copy
of the | 10 | | notice form
from the Department, the county board may, at its | 11 | | discretion and within 30 days
after receipt of
the notice, | 12 | | request that the Department conduct an informational meeting
| 13 | | concerning the
proposed construction that is subject to this | 14 | | Section. In addition, during the
county's 30-day
review | 15 | | period, county residents may petition the county board of the | 16 | | county
where the proposed
new facility will be located to | 17 | | request that the Department conduct an
informational meeting.
| 18 | | When petitioned by 75 or more of the county's residents who are | 19 | | registered
voters, the county
board shall request that the | 20 | | Department conduct an informational meeting. If
the county | 21 | | board
requests that the Department conduct the informational | 22 | | meeting, the Department
shall conduct
the informational | 23 | | meeting within 15 days of the county board's request. If the
| 24 | | Department
conducts such a meeting, it shall cause notice of | 25 | | the meeting to be published
in a newspaper of
general | 26 | | circulation in the county and in the State newspaper and shall |
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| 1 | | send a
copy of the notice to the County Board. Upon receipt of | 2 | | the notice, the County
Board shall post the notice
on the | 3 | | public
informational board at the county courthouse at least | 4 | | 10 days before the
meeting. The owner or
operator who | 5 | | submitted the notice of intent to construct to the Department
| 6 | | shall appear at the
meeting. At the meeting, the Department | 7 | | shall afford members of the public an
opportunity to ask
| 8 | | questions and present oral or written comments concerning the | 9 | | proposed
construction.
| 10 | | (b) The county board shall submit at the informational | 11 | | meeting or within 30
days following
the meeting an advisory, | 12 | | non-binding recommendation to the Department about the
| 13 | | proposed
new facility's construction in accordance with the | 14 | | applicable requirements of
this Act. The
advisory, non-binding | 15 | | recommendation shall contain at a minimum:
| 16 | | (1) a statement of whether the proposed facility | 17 | | achieves or fails to
achieve each
of the 8 siting criteria | 18 | | as outlined in subsection (d); and
| 19 | | (2) a statement of the information and criteria used | 20 | | by the county board
in
determining that the proposed | 21 | | facility met or failed to meet any of the
criteria
| 22 | | described in subsection (d).
| 23 | | (c) When the county board requests an informational | 24 | | meeting, construction
shall not
begin until after the | 25 | | informational meeting has been held, the Department has
| 26 | | reviewed the
county board's recommendation and replied to the |
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| 1 | | recommendation indicating if
the proposed
new livestock | 2 | | management facility or the new livestock waste handling | 3 | | facility
is or will be in
compliance with the requirements of | 4 | | the Act, and the owner, operator, or
certified manager and
| 5 | | operator has received the Department's notice that the | 6 | | setbacks and all
applicable requirements
of this Act have been | 7 | | met.
| 8 | | (d) At the informational meeting for the proposed | 9 | | facility, the Department
of
Agriculture
shall receive evidence | 10 | | by testimony or otherwise on the following subjects:
| 11 | | (1) Whether registration and livestock waste | 12 | | management plan certification
requirements, if required, | 13 | | are met by the notice of intent to construct.
| 14 | | (2) Whether the design, location, or proposed | 15 | | operation will protect the
environment
by being consistent | 16 | | with this Act.
| 17 | | (3) Whether the location minimizes any incompatibility | 18 | | with the
surrounding area's
character by being located in | 19 | | any area zoned for agriculture where the county
has zoning | 20 | | or where the county is not zoned, the setback requirements
| 21 | | established by this Act are complied with.
| 22 | | (4) Whether the facility is located within a 100-year | 23 | | floodplain or an
otherwise
environmentally sensitive area | 24 | | (defined as an area of karst area or with
aquifer
material | 25 | | within 5 feet of the bottom of the livestock waste | 26 | | handling facility)
and
whether construction standards set |
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| 1 | | forth in the notice of intent to construct
are
consistent | 2 | | with the goal of protecting the safety of the area.
| 3 | | (5) Whether the owner or operator has submitted plans | 4 | | for operation that
minimize
the likelihood of any | 5 | | environmental damage to the surrounding area from spills,
| 6 | | runoff, and leaching.
| 7 | | (6) Whether odor control plans are reasonable and | 8 | | incorporate reasonable
or
innovative odor reduction | 9 | | technologies given the current state of such
technologies.
| 10 | | (7) Whether traffic patterns minimize the effect on | 11 | | existing traffic
flows.
| 12 | | (8) Whether construction or modification of a new | 13 | | facility is consistent
with existing
community growth, | 14 | | tourism, recreation, or economic development or with | 15 | | specific
projects involving community growth, tourism, | 16 | | recreation, or economic
development that have been | 17 | | identified by government action for development or
| 18 | | operation within one year through compliance with | 19 | | applicable zoning and setback
requirements for populated | 20 | | areas as established by this Act.
| 21 | | (Source: P.A. 91-110, eff. 7-13-99.)
| 22 | | (510 ILCS 77/15.1 new) | 23 | | Sec. 15.1. Livestock waste lagoons prohibited. In addition | 24 | | to the prohibitions under any other law, it shall be unlawful | 25 | | to use or create livestock waste lagoons.
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| 1 | | (510 ILCS 77/15 rep.)
| 2 | | Section 10. The Livestock Management Facilities Act is | 3 | | amended by repealing Section 15.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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